Violation of Protective Order in Corpus Christi: Defending Against Accusations That Can Put You in Jail

A protective order is meant to keep the peace. But for the person subject to the order, it can feel like a trap. One misstep—a text message, an accidental encounter at the grocery store, a call about the children—can result in a new criminal charge. Violation of a protective order is a serious offense that can lead to jail time, additional restrictions, and a permanent criminal record. Even if the alleged victim invited the contact or the violation was unintentional, you can still be arrested and prosecuted. When you are facing charges for violating a protective order, your freedom is on the line.

At Barton & Associates, Attorneys at Law, we defend individuals throughout Corpus Christi and the Coastal Bend who are accused of violating protective orders. Whether you are facing a misdemeanor or felony charge, we provide the aggressive, knowledgeable representation you need to protect your rights, your freedom, and your future. With extensive experience in the Nueces County criminal courts, we guide our clients through every stage of the protective order violation case process.

Understanding Protective Orders

A protective order is a civil court order designed to protect an individual from family violence, dating violence, or stalking. The order imposes restrictions on the person subject to the order (the respondent). Common restrictions include:

• No contact: You cannot contact the protected person in person, by phone, text, email, social media, or through third parties
• Stay-away provisions: You must stay a specified distance away from the protected person’s home, workplace, and school
• Exclusive use of residence: You may be ordered to move out of the home
• Firearm surrender: You may be required to surrender any firearms you possess
• Child custody restrictions: Your custody and visitation rights may be limited

Protective orders can be issued in several contexts:

• Emergency protective order (EPO): Issued immediately after an arrest, typically lasting 31 to 91 days
• Temporary ex parte order: Issued without a hearing, lasting up to 20 days until a full hearing
• Final protective order: Issued after a hearing, lasting up to two years (or longer in some circumstances)

What Constitutes a Violation?

A violation of a protective order occurs when you knowingly or intentionally violate a condition of the order. Common violations include:

• Contacting the protected person: A text message, phone call, email, social media message, or in-person contact
• Going to a prohibited location: Showing up at the protected person’s home, workplace, or school
• Failing to surrender firearms: Not turning in firearms as ordered
• Refusing to vacate the residence: Staying in the home after being ordered to leave
• Contact through third parties: Asking a friend or family member to contact the protected person on your behalf

Importantly, the violation does not have to be threatening or harmful. A simple “hello” text message can be a violation. Even if the protected person initiated the contact, you can still be charged if you responded.

The Criminal Penalties for Violating a Protective Order

Violation of a protective order is a criminal offense with escalating penalties:

Class A Misdemeanor

A first-time violation of a protective order is a Class A misdemeanor. Punishment can include:

• Up to one year in county jail
• A fine of up to $4,000

Third-Degree Felony

A violation becomes a third-degree felony if:

• You have a prior conviction for violation of a protective order
• The protected person suffered serious bodily injury as a result of the violation
• You used or exhibited a deadly weapon during the violation

A third-degree felony carries:

• Two to ten years in prison
• A fine of up to $10,000

Continuous Violation

If you violate the protective order on multiple occasions, you may face charges for each separate violation.

How Violations Occur

Violations often occur in ways that are not malicious or threatening:

Accidental Encounters

You are at the grocery store. The protected person walks down the same aisle. You are now in the same location, which may violate the stay-away provision. Even if you did not intend to be there, you can still be charged.

Child-Related Contact

You share children with the protected person. You need to communicate about pick-up times, school events, or medical appointments. Even necessary communication about children can be a violation if the protective order prohibits all contact.

Invited Contact

The protected person texts you. You respond. Even though they initiated the contact, you have violated the order by responding. Some protective orders include an exception for contact initiated by the protected person, but many do not.

Misunderstanding the Order

Protective orders are often lengthy and complex. You may not understand exactly what is prohibited. A good-faith misunderstanding can still result in arrest and prosecution.

False Allegations

A protected person may use the protective order as leverage—calling the police to report a violation even when none occurred, or exaggerating a minor contact into a criminal allegation.

Defending Against a Protective Order Violation

A strong defense can mean the difference between a conviction and an acquittal. Common defense strategies include:

Challenging Knowledge

The offense requires that you knowingly or intentionally violated the order. If you did not know about the order, or did not know that your conduct violated the order, you may not be guilty. Defenses include:

• You were never served with the order
• The order was not in effect at the time of the alleged violation
• You reasonably believed the order did not prohibit your conduct

Challenging Intent

If the alleged violation was accidental—an unintended encounter, a misdialed phone number—you may not have acted knowingly or intentionally.

Consent or Invitation

If the protected person initiated the contact or invited you to the location, that may be a defense. Some protective orders have an explicit exception for contact initiated by the protected person.

Necessity for Child-Related Communication

If the contact was necessary to address an emergency involving your children—a medical emergency, a custody exchange—that may be a defense.

False Allegations

If the alleged victim is lying, your attorney can investigate and present evidence of the false allegations, including:

• Inconsistencies in their statements
• Motives to lie (divorce, custody disputes, anger)
• Witness testimony contradicting their account
• Electronic evidence (texts, emails, social media) showing the alleged victim initiated contact

Lack of Evidence

The state must prove the violation beyond a reasonable doubt. Your attorney can challenge:

• Whether the contact occurred
• Whether you were at the prohibited location
• Whether you knew about the order
• Whether your conduct violated the specific terms of the order

The Relationship Between Protective Orders and Criminal Cases

A protective order is often issued in connection with a family violence case. When you are charged with violating a protective order, you may also be facing:

• An underlying family violence case: The original assault charge that led to the protective order
• A separate criminal case: The violation itself is a new criminal charge
• Protective order proceedings: The protective order may be extended or modified

Your defense strategy must address all of these interconnected proceedings.

Bond Conditions and Protective Order Violations

When you are arrested for violating a protective order, the court will set bond conditions. Typical conditions include:

• No contact with the protected person: This may be in addition to the existing protective order
• GPS monitoring: You may be required to wear a GPS ankle monitor
• No possession of firearms: You must surrender any firearms
• No alcohol or drugs: You may be required to submit to testing

Violation of bond conditions can result in revocation of bond and additional time in jail.

The Protective Order Violation Process

Understanding the process can help you navigate your case:

Step 1: Arrest

If the protected person reports a violation, law enforcement will typically make an arrest. Texas law requires officers to take enforcement action when there is probable cause to believe a protective order was violated.

Step 2: Filing of Charges

The district attorney reviews the case and decides whether to file formal charges. The decision is based on the evidence, the severity of the alleged violation, and the protected person’s cooperation.

Step 3: Arraignment

At arraignment, you are formally advised of the charges and enter a plea (usually not guilty). The court sets bond conditions.

Step 4: Discovery

Your attorney obtains discovery from the prosecutor, including:

• The protective order
• Evidence of service
• Police reports
• Witness statements
• Electronic evidence (texts, emails, social media)

Step 5: Negotiation

Your attorney negotiates with the prosecutor to seek a favorable resolution, such as:

• Dismissal of charges
• Reduction to a lesser offense
• Deferred adjudication

Step 6: Trial

If no agreement is reached, the case proceeds to trial. The state must prove the violation beyond a reasonable doubt.

Frequently Asked Questions About Violation of Protective Order

What is the difference between a protective order and a restraining order?

In Texas, a protective order is issued in family violence cases and carries criminal penalties for violation. A restraining order is typically issued in divorce or civil cases and does not carry criminal penalties.

Can I go to jail for texting the protected person?

Yes. If the protective order prohibits all contact, even a text message can result in arrest and prosecution.

What if the protected person contacted me first?

It depends on the specific language of the protective order. Some orders include an exception for contact initiated by the protected person; others do not. Even if they initiated contact, responding can be a violation.

How long does a protective order last?

An emergency protective order lasts 31 to 91 days. A final protective order can last up to two years, and can be extended in some circumstances.

Can I get a protective order modified or dismissed?

Yes. You can request that the court modify or dismiss a protective order. However, this is a separate proceeding from the criminal violation case.

What is the penalty for violating a protective order?

A first violation is a Class A misdemeanor (up to one year in jail). A second violation or a violation involving serious injury or a deadly weapon is a third-degree felony (two to ten years in prison).

Will I lose my guns for violating a protective order?

Violation of a protective order can result in additional firearm restrictions. If you are convicted, you will lose your right to possess firearms under federal law.

What if I did not know about the protective order?

Lack of knowledge is a defense. If you were never served with the order, or if you did not know the order prohibited your conduct, you may not be guilty.

Can the protected person drop the charges?

The protected person does not decide whether charges are filed. The district attorney makes that decision. However, if the protected person is uncooperative, the prosecutor may have difficulty proving the case.

Do I need an attorney for a protective order violation?

Yes. Violation of a protective order is a serious criminal offense that can result in jail time. An experienced criminal defense attorney can help you understand your rights, challenge the evidence, and protect your freedom.

Why Barton & Associates Is the Right Choice for Your Protective Order Violation Defense

Violation of a protective order is a serious charge that can result in jail time, a permanent criminal record, and additional restrictions on your freedom. At Barton & Associates, Attorneys at Law, we have extensive experience defending individuals against protective order violation charges in the Nueces County criminal courts.

Our attorneys understand the nuances of protective order law, the strategies for challenging evidence, and the importance of presenting a compelling defense. We work closely with our clients to investigate the facts, gather evidence, and develop a defense strategy tailored to the unique circumstances of each case.

We also understand that protective order violations often occur in complex emotional contexts—divorce, child custody disputes, or troubled relationships. Our attorneys approach these cases with professionalism and compassion, helping our clients navigate the legal system while protecting their rights and their future.

Protect Your Freedom Today

If you are accused of violating a protective order, your freedom is on the line. A conviction can result in jail time, a permanent criminal record, and additional restrictions. Do not wait. The decisions you make now will determine the outcome of your case.

Contact the experienced criminal defense attorneys at Barton & Associates today. Call us directly at 361-800-6780 to speak with a member of our team. You may also complete the Free Consultation form on our website, and we will reach out to you promptly. Please note that all on-site consultations at our Corpus Christi office are by appointment only, ensuring that we can give your case the focused attention it requires.

Reach out today—let us help you defend against protective order violation charges and protect your freedom.

Main Category: Criminal Defense Corpus Christi
Practice Area Category: Domestic Violence
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780